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North Carolina
Tyrrell County
Original Will at N. C. Archives
November 21, 1921
I, A. E. Swain of the county and state aforesaid being of sound mind and memory, thanks be to God, but realizing the uncertainty of this earthly existance, do make and declair to all men this my last will and testament.
1st I give and bequeath to my daughter, Cora E. Morris and her children forever that tract of land known as the
Edmund Sample land and being a part of the S. H. Sample tract butted and bound as follows:
Beginning at the public road at an iron post in the middle of a ditch at the edge of the stockhouse lot, running down the
middle of the ditch southwardly and eastwardly to the back fence, then continuing the same course twelve feet over and beyond
the said fence to an iron stake at the edge of the wood, then northwardly and eastwardly parallel with the said back fence
and twelve feet from same to an iron stake opposite a ditch running thru the field to the lead ditch, then southwardly and
eastwardly parallel with the ditch to the compromise line between George Simmons and wife and J. S. Swain and
wife, then northwardly and eastwardly down the said compromise line to an iron stake standing in the old bypath then
continuing the same course to a black gum near Henry Reynold's plantation (Machiel Walker corner) then down
the branch northwardly and eastwardly to the Second Creek Swamp, then along the edge of the highland and edge of the creek
swamp, the various courses of the same to the branch between the lands of J. S. Swain and B. F. Cox to a gum,
then up the branch a straight course to a gum standing at the end of the bridge at the bypath; then northwardly and eastwardly
a straight course to B. F. Cox's fence, then along his fence to an iron post at the corner, then southwardly and
westwardly to the main road to the beginning. This is subject, however, to the life estate of my husband, J. S. Swain.
I give and bequeath to my grandchildren Reda, Vivian and Jessie Godwin the following tract of land subject however
to the life estate of my husband J. S. Swain viz. -
Beginning at the iron stake, the begining of the tract of land bequeathed to Cora E. Morris and running
southwardly and eastwardly along the center of the ditch and to the iron stake the first corner of the above land, then binding
the said tract the various courses of the same to the compromise line between George Simmons and wife and J. S.
Swain and wife, then along the compromise line to J. H. Reynolds' road, then along his road and continuing the same
course to an iron post, then northwardly very near parallel with said road within 16 feet of the ditch on the west side
of the road to a lightwood stump in the back, then continuing the same course to an iron post on the ege of the main road,
then along south side of the main road to an iron post, opposite a ditch in the Buck Berry tract of land, then across the
said road and along the center of the said ditch and continuing the same course to Second Creek; then along the various courses
of the creek eastwardly to the point where the line between the Ashberry Tarkenton land and the Buck Berry land
touches the creek, then along the said line between the Tarkenton and Buck Berry land southwardly to the public road,
then across the public road and along the south edge of the same to the beginning.
3rd I give and bequeath to my daughter Vinnie L. Cox and her children forever subject to the life estate of my husband
J. S. Swain the following tract of land, viz;
Beginning at an iron post the corner of tract No. 2 which iron post is on the public road opposite a ditch that runs
through the Buck Berry land running northwardly across the public road and down the center of said ditch, and continuing the
course of the said ditch to the Second Creek (the westward line of tract No. 2 from public road to creek), then down the
creek to the Joseph Tarkenton corner (now J. C. Meekins corner) a cypress stump and an iron stake; then along
the Tarkenton line south to J. E. Tarkenton's line, then along the line of J. E. Tarkenton to an iron post
where formerly stood a chinquepin post on the old road in the middle of the branch, then up the middle of the Peddlers Branch
to the main road, then across the road and continuing the center of the branch to Solomon Hassell's corner, an iron post
and a marked pine, then continuing the same course to a marked pine on the joint of the land a corner in the compromise line
between Wm. Barnes and J. S. Swain and wife; then eastwardly along the compromise line to a marked hicory;
then along the compromise line to a lightwood stump with an ax in the same, which is also a corner in the tract No. 2; then
along the corner of the line of tract 2 to the main road, then along the main road to the beginning.
4. I loan to my husband J. S. Swain for his natural life all my property both real and personal and it is my will that the foregoing sections shall not take affect until after his death, but then to be in full force and it is my further desire that all the residue of my estate both real and personal be sold after his death and the proceeds of the same be devidid between my children and in case of death of any child it is my desire that her children shall share her part.
5. I do hereby nominate and appoint my son-in-law W. L. Godwin as my executor to enforce this my last will and testament and every clause thereof, renouncing and declaring utterly void all prior wills or testaments.
In testimony whereof I A. E. Swain do hereunto set my hand and seal this 21st day of November 1921.
A. E. Swain
Signed sealed & publicly declared by the said A. E. Swain to be her last will and testament in the presence of us, who at her request and in her presence and in the presence of each other do subscribe our names as witnesses thereto
W. S. Chesson
W. J. Phelps
H. L. Swain
State of North Carolina
County of Tyrrell
ss. In the Superior Court
A paper purporting to be the last will and testament of A. E. Swain deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by W. L. Godwin the executor therein mentioned, and the due execution by the said A. E. Swain by the oath and examination of W. S. Chesson and W. J. Phelps the subscribing witnesses thereto, who being duly sworn, doth depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the paper-writing now shown him, purporting to be the last will and testament of A. E. Swain; that the said A. E. Swain in the presence of this deponent subscribed her name at the end of said paper-writing, which is now shown as aforesaid, and which bears date of the 21st day of November 1921.
And this deponent further saith, that the said A. E. Swain the testatrix aforesaid, did at the time of subscribing her name as aforesaid declare the said paper-writing so subscribed by her and exhibited to be her last will and testament, and this deponent did thereupon subscribe his name at the end of said will, as attesting witness thereto, and at the request and in the presence of said testatrix. And this deponent further saith, that at the same time when the said testatrix subscribed her name to the said last will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said A. E. Swain was of sound mind and memory, of full age to execute a will, and was not under any restraint, to the knowledge, information or belief of this deponent: And further these deponents saith not.
W. S. Chesson
W. J. Phelps
Severally sworn and subscribed, this 26th day of December, 1921, before me
W. N. Norman
Clerk Superior Court
STATE OF NORTH CAROLINA
Tyrrell County
IN RE ESTATE OF
A. E. Swain, deceased
In the Superior Court,
Before W. N. Norman Clerk
ORDER FOR PROBATE OF WILL
A paper-writing purporting to be the last will and testament of A. E. Swain deceased, is exhibited in open court for probate by W. L. Godwin Executor therein named; and the due execution thereof by the said A. E. Swain deceased, is duly proven by the oath and examination of W. S. Chesson and W. J. Phelps subscribing witnesses thereto; and it is further shown to the satisfaction of the court by said witnesses that the said A. E. Swain was, at the time of making said will, of sound mind and memory, of full age to execute a will, and under no restraint to their knowledge, information or belief:
It is thereupon considered, adjudged and decreed, that said proof is sufficient according to law, and the said paper-writing is and contains the last will and testament of A. E. Swain deceased. And on motion it is ordered that said will be admitted to probate and recorded in the Book of Wills of Tyrrell County, and as such filed as provided by law in the office of the Clerk of the Superior Court of said County.
It is further ordered, that W. L. Godwin be allowed to qualify as executor as provided by law and enter upon the discharge of the duties imposed by said trust.
Dated this the 26th day of Dec. 1921.
W. N. Norman, Clerk of Superior Court
(TRANSCRIBER'S NOTES: Census records show the testator to be Ann E. Swain, wife of Jesse S. Swain. Census records show daughter Vinnie Cox to be Mary Levinia Cox. Census records show the Godwin grandchildren to be children of Martha V. Godwin.)
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